Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Family Law (19)
- Juveniles (18)
- Jurisprudence of Marriage (11)
- Legal Opinions (11)
- Selected Professional Activities (10)
-
- Book Review (7)
- Law and Society (7)
- Contracts (6)
- CIVIL LAW (5)
- Domestic Relations (5)
- In Memoriam (5)
- Divorce (4)
- Family (4)
- CONTRACTS (3)
- California (3)
- Contract enforcement (3)
- General Law (3)
- Gestational surrogacy (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- Intended parent (3)
- Islamic jus in bello (3)
- Law and Technology (3)
- Remedies (3)
- Sexuality and the Law (3)
- State and Local Government Law (3)
- Surrogate parent (3)
- Traditional surrogacy (3)
- Women (3)
- Adoption (2)
- Publication Year
- Publication
- File Type
Articles 1 - 30 of 120
Full-Text Articles in Contracts
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
Siyuan CHEN
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Are All Contracts Alike?, Margaret F. Brinig
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Margaret F Brinig
This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.
While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …
Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig
Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig
Margaret F Brinig
This paper examines a particular type of contracts that is, sadly, increasingly frequent: the agreements produced by divorcing couples. They are unhappy contracts, agreements produced as a necessary part of exit from what is now suboptimal marriage. They are virtually required by many states and are, in theory at least, closely monitored by courts since, when children are involved, they will be incorporated into court orders.What parties to unhappy contracts do is attempt to minimize losses, rather than maximize gain. How are contracts structured that will do this, and how does a difference in the size or power of the …
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig
A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
La Forma En La Donación Propter Nuptias: ¿Una Excepción Que Se Convierte En Regla?, Marco Andrei Torres Maldonado, Mario Castillo Freyre
La Forma En La Donación Propter Nuptias: ¿Una Excepción Que Se Convierte En Regla?, Marco Andrei Torres Maldonado, Mario Castillo Freyre
Marco Andrei Torres Maldonado
No abstract provided.
Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon
Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon
Scott T. FitzGibbon
Professor FitzGibbon served as a co-organizer for the Symposium on the Jurisprudence of Family Relations: Privacy, Autonomy, and Should States Regulate Family Relations? at the Cardozo Law School of Yeshiva University.
Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon
Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon
Scott T. FitzGibbon
On June 6, 2013, Professor FitzGibbon presented at the North American Regional Conference for the International Society of Family Law.
Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon
Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
La Falta De Legitimidad En Los Contratos Inoponibles, Rómulo Morales
La Falta De Legitimidad En Los Contratos Inoponibles, Rómulo Morales
Rómulo Martín Morales Hervias
No abstract provided.
Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown
Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown
Dr Robert Brown
No abstract provided.
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
Scott T. FitzGibbon
The family is matter of heart and blood. It is created, in part, by physical and emotional intimacy. It projects itself through history through its biological dimension. Any reasonable definition of the family must recognize this fundamental characteristic. “Biological dimension” here refers, not only to genetic affinities, important as those may be, but to all physical connections and to all matters closely related to the physical. Thus, it includes all the activities and dispositions which, generation after generation, bring a family together in the great procreative project: the begetting and rearing of children. The biological dimension includes making love and …
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales
La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales
Rómulo Martín Morales Hervias
El segundo párrafo del artículo 220 del Código Civil peruano debe interpretarse sistemáticamente en el sentido que el juez puede excepcionar una causal de nulidad del contrato aunque las partes no la invoquen.
Co-Organizer: International Conference On Extended And Extending Families, Scott Fitzgibbon
Co-Organizer: International Conference On Extended And Extending Families, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Hugh J. Ault
In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
Dr. Muhammad Munir
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon
Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Parenting And The Culture Of Friendship, Scott Fitzgibbon
Parenting And The Culture Of Friendship, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
Dr. Muhammad Munir
The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
Dr. Muhammad Munir
The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.